DA: Syracuse statute of limitations has passed

A county district attorney who has sharply criticized police and Syracuse University for their handling of sex-abuse allegations against an assistant basketball coach said Wednesday that he cannot bring charges but found that two men who accused him of sexual abuse are credible.

"Certainly, in hindsight, more should have been done to encourage Bobby Davis to come forward, to make him feel welcome to come in and give a statement, and new procedures have been put in place by Chief (Frank) Fowler to address that issue," Fitzpatrick said.

Fitzpatrick was highly critical of police and the university two weeks ago, saying they should have notified his office of any allegations of sexual abuse. He softened somewhat on Wednesday, calling the university's 2005 investigation inadequate but insisting there was no indication anybody tried to cover up the claims.

"There is not a shred of evidence that we have uncovered, or a suggestion of evidence, that anybody at the Syracuse Police Department was directed to ignore this matter, destroy their notes or to encourage Bobby Davis to remain silent," Fitzpatrick said.

Fine was fired after the three men made public accusations and ESPN played a 2002 recording of a phone call in which a woman ESPN identified as his wife tells an accuser she knew "everything that went on."

Tomaselli's claims fall within federal statutes of limitations and are being investigated by the U.S. Secret Service.

Investigators searched Fine's home, office and school locker, looking for pornography that could be used "to sexually arouse or groom young males" to have sex, court records say. The investigators took computers, cameras, disks and records, among other things. They're also looking for any records that would detail Fine's contact with boys.

Fitzpatrick said he wouldn't judge Fine.

"It is not my place to pronounce Bernie Fine guilty of anything," he said.